Leave of absence for child care and legal unemployment status: a pairing conditioned by reinstatement

Commentary on Supreme Court Ruling 701/2025, 4 July

Abstract

The Supreme Court Judgment of 4 July 2025 (appeal no. 4513/2023) offers a doctrinal interpretation of the legal relationship between statutory leave for child care and the recognition of unemployment status for benefit purposes. The Court establishes that an employee who remains on such leave cannot be considered legally unemployed, even if he is involuntarily terminated from any subsequent employment, unless they have previously and formally requested reinstatement with their original employer.